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Article 16 Notifications of qualifying actions and adjoining installationsI1

England, Wales and Scotland

(1)

F1..., a supplier, other than a new supplier, must, by the end of February 2013, notify the Administrator in writing of each qualifying action and adjoining installation completed in the period beginning with 1st October 2012 and ending with 31st January 2013.

(2)

F2Except in respect of a qualifying action to which paragraph (2A) applies, a supplier must by the end of each relevant calendar month notify the Administrator in writing of each qualifying action and adjoining installation completed in the calendar month immediately prior to the calendar month in which the notification is required to be made in accordance with this paragraph.

F3(2A)

A supplier must, by the end of the calendar month after the month in which the second amending Order comes into force, notify the Administrator in writing of each qualifying action which—

(a)

is completed in the period starting with 1st April 2014 and ending at the end of the calendar month in which the second amending Order comes into force; and

(b)

is to be credited towards its total carbon emissions reduction obligation or its total carbon saving community obligation.

(3)

A notification under F4paragraph (1), (2) or (2A) must—

(a)

identify which obligation the qualifying action or adjoining installation is intended to be credited against; and

(b)

include, as appropriate, the carbon or cost saving for each qualifying action or adjoining installation.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

A notification of an adjoining installation must include an identification of the areas A and B as defined in article 14(1).

(6)

F6... A supplier must ensure that the carbon saving for a qualifying action or adjoining installation notified under paragraph (1) or (2) is calculated—

(a)

by determining the saving in accordance with—

(i)

the Standard Assessment Procedure; or

(ii)

the Reduced Data Standard Assessment Procedure,

and reducing that saving by the relevant in-use factor; F7...

F8(aa)

in accordance with the following formula—

(A−(A×B))×0.925

where—

  1. (i)

    “A” is the carbon dioxide equivalent saving for the qualifying action, determined in accordance with the Standard Assessment Procedure 2012 or RdSAP 2012; and

  2. (ii)

    “B” is the relevant in-use factor; or

(b)

in accordance with an appropriate methodology for calculating the savings approved by the Administrator under article 18.

(7)

F9... A supplier must ensure that the cost saving for a heating qualifying action notified under paragraph (1) or (2) is calculated—

(a)

except for the repair or replacement of a qualifying boiler, in accordance with—

(i)

the Standard Assessment Procedure F10or the Standard Assessment Procedure 2012;

(ii)

the Reduced Data Standard Assessment Procedure F11or RdSAP 2012; or

(iii)

an appropriate methodology for calculating the savings approved by the Administrator under article 18; or

(b)

in the case of the repair or replacement of a qualifying boiler, in accordance with article 17.

F12(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

Except where F13article 12(6) or (6A) applies, a qualifying action is completed when its installation is complete.

(10)

A supplier may apply to the Administrator for a completed qualifying action or completed adjoining installation to be notified after the date required by paragraph (1) or (2).

(11)

An application under paragraph (10) must provide details of why a supplier is seeking an extension of time to notify the completed qualifying action or adjoining installation

(12)

The Administrator may extend the period for notifying a qualifying action or adjoining installation which has been completed for such period as it thinks fit provided that—

(a)

the extension period sought is no longer than one month after the date notification is required under paragraph (1) or (2); and

(b)

the reason for the application is one other than an administrative oversight on the part of the supplier.

(13)

A notification under this article must include such information relating to a qualifying action as the Administrator may from time to require.

F14(14)

In this article—

  • “carbon dioxide equivalent saving” means, in respect of a measure, the amount in tonnes of carbon dioxide equivalent that is expected to be saved over the lifetime of the measure;

  • “international carbon reporting practice” has the meaning given by section 94(1) of the Climate Change Act 2008;

  • “relevant calendar month” means—

    1. (a)

      a calendar month in the overall obligation period for the supplier (but excluding January and February 2013 if those months would otherwise form part of that period); and

    2. (b)

      April 2015;

  • “tonne of carbon dioxide equivalent” means—

    1. (a)

      a tonne of carbon dioxide; or

    2. (b)

      an amount of—

      1. (i)

        methane;

      2. (ii)

        nitrous oxide;

      3. (iii)

        methane and nitrous oxide combined; or

      4. (iv)

        carbon dioxide mixed with one or both of the gases listed in sub-paragraphs (i) and (ii),

      with an equivalent global warming potential to one tonne of carbon dioxide (calculated consistently with international carbon reporting practice).

Annotations

Textual amendments

F1

Words in art. 16(1) omitted (5.12.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 9(a)

F2

Words in art. 16(2) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 9(b)

F3

Art. 16(2A) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 9(c)

F4

Words in art. 16(3) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 9(d)

F5

Art. 16(4) omitted (5.12.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 9(e)

F6

Words in art. 16(6) omitted (1.5.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 6(a)

F7

Word in art. 16(6)(a) omitted (1.12.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Determination of Savings) (Amendment) Order 2014 (S.I. 2014/2897), arts. 1, 4(a)(i)

F8

Art. 16(6)(aa) inserted (1.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Determination of Savings) (Amendment) Order 2014 (S.I. 2014/2897), arts. 1, 4(a)(ii)

F9

Words in art. 16(7) omitted (1.5.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 6(a)

F10

Words in art. 16(7)(a)(i) inserted (1.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Determination of Savings) (Amendment) Order 2014 (S.I. 2014/2897), arts. 1, 4(b)(i)

F11

Words in art. 16(7)(a)(ii) inserted (1.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Determination of Savings) (Amendment) Order 2014 (S.I. 2014/2897), arts. 1, 4(b)(ii)

F12

Art. 16(8) omitted (1.5.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 6(b)

F13

Words in art. 16(9) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 9(f)

F14

Art. 16(14) substituted (1.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Determination of Savings) (Amendment) Order 2014 (S.I. 2014/2897), arts. 1, 4(c)

Commencement

I1

Art. 16 in force at 5.12.2012, see art. 1